Category Archives: Real Estate

Commercial leases often include something called a landlord’s lien. A landlord’s lien is a provision granting landlords a first lien in all of the personal property located on the premises. Do not agree to such a provision, because if your … Continue reading →

Reduce your personal liability by placing a limit on personal guarantees. Personal guarantees are required by most landlords, but the scope of those guarantees is often negotiable. You can reduce your personal exposure by limiting the guarantee to a set number … Continue reading →

Don’t let your landlord pass the buck to you with inappropriate common area maintenance (CAM) costs. Common area maintenance clauses require tenants to pay their proportionate share of the maintenance and operation costs but exactly what’s included varies from lease … Continue reading →

Only pay for the space you get by double checking landlord measurements of rental spaces. Commercial tenants often overpay for their spaces because of the inaccurate measuring of the premises. “Phantom space,” the extra space listed on lease agreements that … Continue reading →

Continuous operations clauses require you to continuously operate your business during the days and hours set forth in the lease. If you were not to continuously operate your business during those times, the landlord could terminate the lease. A more … Continue reading →

Exclusivity and permitted use clauses are two sides of the same coin. Exclusivity clauses help your business by preventing your landlord from leasing spaces in the shopping center to competing businesses, but permitted use clauses may keep your business from … Continue reading →

A demolition clause allows a landlord to terminate your lease to redevelop or demolish a property and are often found in leases for older properties. This is problematic for tenants who invest in their rental property by making improvements only … Continue reading →

The answer to that depends on whether there is a relocation clause in your lease. A relocation clause permits a landlord to move your business to another location in the same building or shopping center to make room for another … Continue reading →

As a business owner who might sell your operation in the future, you must have the right to sublease the premises or assign your lease. To preserve your right to sublease or assign, you must avoid leases with overly restrictive … Continue reading →

Commercials leases are far more complex than residential leases. So, it is important to carefully read the proposed lease terms offered by your potential landlord and to advocate for adjusted terms that are tailored to your needs. While there is … Continue reading →

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